Muslim Marriages in Transition

This book undertakes a critical and comparative analysis of the legal and social treatment of informal unregistered ‘religious-only’ marriages by the state in England/Wales, Australia, and Qatar.

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of ‘liminality’ or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.